The Defense Authorization Act of Congress threat of erosion of civil liberties of American citizens
three years ago, former Guantánamo detainee Mustafa Ait Idr cautiously with me sitting in a café in Sarajevo, spilling hot coffee as he took the cup to his lips. Despite seven months after his release, he was still nursing a broken finger - punishment, he said, refusing to get naked in his cell - and was unable to fully understand the cup because of the loss of dexterity. His face was also partially paralyzed by the blows, and he told me how his head is held in a toilet for extended periods of time.
After his release, he met his youngest son for the first time. Ait Idr was one of the "Six of Algeria," a group of Europeans (mainly from Bosnia) citizens illegally detained at Guantanamo for seven years. In 2008 a U.S. federal judge ordered the release of five of the six men in the first trial at Guantanamo Bay habeas corpus. Just to have the trial, men have prevailed in a decision by the U. S. 5-4 of the Supreme Court. No charges were filed against them sometimes.
If the new law on national defense authorization in the law as it stands, many believe that U.S. citizens would be at risk to support such an indefinite military detention without cause. Last week, the U.S. Senate NDAA approved a huge bill with $ 662bn defense provisions to strengthen the military's role in the kidnapping and detention of suspected terrorists, including U.S. citizens. The event, a Lovechild Senators Carl Levin (Democrat) and John McCain (Republican), allowing indefinite military detention of U.S. citizens without charge or trial. While the bill is confusing still a work in progress (the Senate and the House to settle on a final bill will go to the chair), and attracted much controversy across the country.
NDAA states that the army has the power to detain "a person who was a party or substantially supported al-Qaida, Taliban forces or associated [...] without trial" and authorizes "transfer to the custody or control of the country in the person of any other foreign country, or any other foreign entity. "This implies that a naturalized American citizen can be deported to their countries of origin, even if it endangers his life. This also implies that an American citizen born in the United States could be transferred to another" foreign entity ".
So what exactly does "foreign entity" includes? Nobody is quite sure, but an "entity" similar to the new company of mercenaries in Abu Dhabi led by Erik Prince, former CEO of Blackwater, can not be excluded.
There is much confusion as to whether the NDAA applies to U.S. citizens, but section 1031 of the bill in effect authorizes the indefinite military detention without trial of American citizens. UU. accused - not yet been proven guilty, just accused - of acts of terrorism. This principle is stated in the following exchange on the Senate floor:
Senator Rand Paul (Republican): "Under the provisions, is it possible that an American citizen could be declared an enemy combatant and sent to Guantanamo and indefinite detention"
Senator John McCain (Republican): "I think as long as that person, whoever they are, they are a threat to the security of the United States of America should not be allowed to continue with this threat. "
Article 1032 of the bill would mandate the military detention of a person accused of belonging to Al Qaeda and planning attacks against the United States, U.S. citizens would be exempt from
this
specific measure. In addition to the blatant disregard for civil rights, placing the burden of detention and military rather than civil law, and reduces the role of the FBI delegitimizes in the fight against terrorism. This could make it difficult to get information together inside terrorist cells.
The proposed changes are needed to act as military police, guards and judges - jobs for which it is mounted. Highly decorated General Paul Eaton (US Army) said this, saying:
- "After serving for over 30 years in the army, I can attest to their ability to wage war with flying colors. I'd rather not, however, to serve as police officers. The forces no armed personnel, training, or located in [...] Our police, the FBI and the prison system are designed to keep America safe. "
- Senator Mark Udall (D) sponsored a failed launch party held omit controversial, but his motion was denied. The Senate also rejected a measure by Dianne Feinstein (D) to limit the care required, military outside the United States captured. No (by a vote of 45 to 55), with only three Republicans voted in favor. Senator Feinstein, however, succeed in passing a measure that ensures that the project does not affect "existing legislation".
- dilemmas and are under discussion that there is a surprising degree of disagreement over exactly what the current law has a mandate.
in indefinite military detention, and, further, that the court approved the holding of Americans as "enemy combatants", including the United States seized. UU .. As evidence, described below, Justice Sandra Day O'Connor, the phrase "there is no impediment to the celebration of this nation, of its own citizens as an enemy combatant."
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